What the Prosecution Must Prove in Your Mississippi DUI Case

Posted by James Ferguson | Jul 15, 2017 | 0 Comments

The penalties in Mississippi for DUI are tough. If you have been arrested in Mississippi for being pulled over and found under the influence of alcohol, you need to fight the charges that are pending against you. To do this, you should know what the prosecution must prove in your Mississippi DUI case, and, of course, having a skilled Mississippi DUI attorney on your side is always recommended.

The following must be proved by the prosecution to convict you of a Mississippi DUI:

You were either operating or in control of the vehicle when you the officer stopped you and
You were under the influence of alcohol when you were operating or in control of the vehicle.

If you and your attorney can prove that either of these two factors are wrong, you can win your DUI case. Keep in mind that your DUI defense attorney might be able to prevent the prosecution from admitting critical evidence at your trial, which could reduce their ability to clinch a conviction against you.

Factors of DUI Defense

Your DUI arrest circumstances will differ from other people's; no two DUI arrests are the same. However, there are similar elements in every DUI case, just as there are similar defense factors that can help you and your attorney win your case. Your attorney should speak to you in-depth about the following factors to determine whether or not you can use either these defenses:

You were not driving: If the prosecution cannot prove that you were operating your vehicle when your alleged DUI happened, they cannot convict you of a DUI. However, because most DUI arrests are connected to the driver of a vehicle being pulled over, it is difficult to dispute this factor. There have been cases in which the police officer did not actually see the person driving, such as when an officer approaches a vehicle that is idling in a driveway or a parking lot. In this case, a good DUI defense attorney could dispute the DUI charge.
The arrest was not performed legally: If the police officer who pulled you over did not provide a valid and legal reason to stop you, or if he did not follow the procedures properly during your arrest, a good DUI defense attorney would be able to get evidence dismissed as inadmissible. Doing this weakens the prosecution's case against you.
No Probable Cause: On the same token, if the police officer did not have probable cause to pull you over, your attorney might be able to ask the court to throw evidence out.
Challenging the testimony of the officer: The officer's testimony is often a critical element of the prosecution's case against you. If you can legally challenge the testimony of the officer, you might be able to win your case.

As you can see, it would be nearly impossible to fight your DUI charge on your own. With an experienced Mississippi DUI defense attorney, though, you might have a chance at getting your charge dismissed. My name is James Robert Ferguson and I spend my time diligently helping people of Mississippi to fight their DUI charges. Contact me today at (901) 318-3847 for a free consultation about your DUI case.

About the Author

James Ferguson

I was born and raised in Memphis, Tennessee. During college, I studied at East Tennessee State University, where I received a Bachelor's in Criminal Justice, which I then followed up with a Master's in Criminology from the University of Memphis. Before beginning my legal career, I worked as a Project Coordinator at the University of Memphis, where I assisted in training law enforcement officers in the Memphis Model of Crisis Intervention Training. The purpose of the project was to provide officers with the tools to deal with citizens in a state of mental crisis. I then went on to study law at the Mississippi College School of Law in Jackson. During law school, I clerked with Victor W. Carmody, Jr., the lawyer who wrote the book on DUI law in Mississippi. I am currently licensed to practice law in both Tennessee and Mississippi, and spend a majority of my time traveling the highways and biways of Mississippi defending those who have been charged with a DUI.


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